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2022 Supreme(Mad) 3063

N. SATHISH KUMAR
K. L. Prabakar – Appellant
Versus
State Rep. by The Inspector of Police, Chennai – Respondent


Advocates appeared:
For the Petitioner:M. Mohammed Riyaz, G. Ramar, Advocates. For the Respondents:R1, E. Raj Thilak, Additional Public Prosecutor, R2, S. Ravichandran, Advocate.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., seeking to call for the records in Crime No.3121 of 2021 on the file of the first respondent police and to quash the same.)

1. This petition has been filed seeking to quash the F.I.R. filed against the petitioner for the offence punishable under Sections 457 and 380 of IPC in Crime No.3121 of 2021, on the file of the first respondent police.

2. The crux of the allegation in the FIR is that the second respondent / first informant is an Advocate and an office bearer of Thiruvotriyur Bar Association. According to him, he is in possession of around 2852 sq.ft. of land belonging to Kaligambal Temple and he has kept his household utensils there. It is further stated that on 14.07.2021, he came to know that some persons entered his premises and removed his articles and also torn the banners, immediately, he gave a complaint to the police and as no action has been taken, he filed a petition under Section 156(3) of Cr.P.C. before the learned Judicial Magistrate, Thiruvotriyur and pursuant to the direction given in the said petition, a FIR has been registered against the petitioner for offence punishable under Sect

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